By Reyna of Bexar H.B. No. 3462
Substitute the following for H.B. No. 3462:
By Reyna of Bexar C.S.H.B. No. 3462
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the importation of wine for personal use.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 107.07, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 107.07. Importation for Personal Use; Importation by
1-7 Railroad Companies. (a) A Texas resident may import not more than
1-8 one quart of liquor for his own personal use without being required
1-9 to hold a permit. A Texas resident may import for his own personal
1-10 use not more than three gallons of wine without being required to
1-11 hold a permit. A nonresident of Texas may import not more than a
1-12 gallon of liquor for his own personal use without being required to
1-13 hold a permit. A person importing liquor into the state under this
1-14 subsection must pay the state tax on liquor and an administrative
1-15 fee of 50 cents and must affix the required tax stamps. No minor
1-16 and no intoxicated person may import any liquor into the state. A
1-17 person importing [wine or] liquor under this subsection must
1-18 personally accompany the [wine or] liquor as it enters the state.
1-19 A Texas resident who purchases wine while at a winery located in
1-20 this state, another state, or another country may ship this wine or
1-21 cause the wine to be shipped to the person's residence. A person
1-22 importing wine under this subsection may ship the wine or cause the
1-23 wine to be shipped to the person's residence. The person must be
1-24 present when the wine is delivered to the person's residence. A
2-1 person may not avail himself of the exemptions set forth in this
2-2 subsection more than once every thirty days.
2-3 (f) A holder of a nonresident seller's permit issued
2-4 pursuant to Chapter 37 of this Code may not ship alcohol or cause
2-5 alcohol to be shipped to a Texas resident pursuant to subsection
2-6 (a) of this section.
2-7 (g) Any person in the business of selling alcoholic
2-8 beverages in another state or country who ships or causes to be
2-9 shipped any alcoholic beverage directly to any Texas resident under
2-10 this section is in violation of this code.
2-11 SECTION 2. This Act takes effect September 1, 2001.